J. A. Rundle

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardNov 30, 2000

Union certification granted following a successful representation vote.

The applicant union applied for certification to represent employees of the responding party.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Tora Investments Inc., 2000 CanLII 8029

Timothy W. Sargeant

J. A. Rundle

H. Peacock

OLRBOntario Labour Relations BoardNov 30, 2000

Union decertified following a representation vote where a majority opposed the union.

The applicants filed an application to terminate the bargaining rights of the responding party union.

Following a representation vote where more than fifty percent of the ballots were cast in opposition to the union, and with no statements of desire to make representations filed, the Ontario Labour Relations Board declared that the union no longer represents the employees of the intervenor employer.

Peckford v. United Food and Commercial Workers, Local 206, 2000 CanLII 7311

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Certificate issued to applicant union following successful representation vote in displacement application.

The applicant union filed a displacement application for certification for a bargaining unit of employees at the responding party hospital.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. North Algoma Health Organization (Lady Dunn General Hospital), 2000 CanLII 10167

Stephen Raymond

J. A. Rundle

H. Peacock

Union certification granted following a successful representation vote among maintenance employees.

The applicant union applied for certification to represent a bargaining unit of maintenance employees at the responding party's facility.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Board found the unit appropriate for collective bargaining.

A certificate was ordered to issue to the applicant.

Graphic Communications International Union, Local 100-M v. Quebecor World Inc., 2000 CanLII 2993

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Representation vote directed for municipal facilities employees following union certification application.

The applicant union filed an application for certification to represent employees in the Facilities Section of the Department of Parks, Recreation and Culture of the Town of Newmarket.

The Ontario Labour Relations Board found the applicant to be a trade union and determined the appropriate bargaining unit based on the parties' agreement.

Finding that at least forty percent of the individuals in the proposed unit were union members, the Board directed that a representation vote be held.

Brewery, General & Professional Workers’ Union v. The Corporation of the Town of Newmarket, 2000 CanLII 9358

Stephen Raymond

J. A. Rundle

H. Peacock

Union certification granted following successful representation vote; incumbent union displaced.

The Christian Labour Association of Canada applied for certification to represent employees at Pioneer Long Term Care Center (Interim).

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Ontario Labour Relations Board issued a certificate to the applicant.

Pursuant to section 62 of the Labour Relations Act, 1995, the intervenor union ceased to represent the employees in the bargaining unit.

Christian Labour Association of Canada v. Pioneer Long Term Care Center (Interim), 2000 CanLII 10170

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Representation vote directed; majority declined to seal ballot box despite employer's section 8.1 notice.

The applicant trade union applied for certification to represent employees of the responding party.

The Board found that the union met the 40% membership threshold required to direct a representation vote.

The employer filed a notice under section 8.1 of the Labour Relations Act, 1995, disagreeing with the union's estimate of the number of individuals in the bargaining unit.

The majority of the Board declined to seal the ballot box, determining that the 40% threshold was met regardless of which estimate was used.

A dissenting Board member would have ordered the ballot box sealed pursuant to section 8.1(4) of the Act.

International Association of Machinists and Aerospace Workers v. Smart Carte Ltd., 2000 CanLII 10993

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Union certification granted following a successful representation vote in a displacement application.

The applicant union filed a displacement application for certification.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate issue to the applicant for the agreed-upon bargaining unit.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Atikokan General Hospital (Full Time Unit), 2000 CanLII 7102

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Representation vote ordered in certification application; majority declines to seal ballot box despite s. 8.1 notice.

The applicant trade union applied for certification to represent office and clerical employees of the responding party.

The Board found that the union had the requisite 40% membership support to order a representation vote.

The employer filed a notice under section 8.1 of the Labour Relations Act, 1995, disagreeing with the union's estimate of the number of individuals in the bargaining unit.

The majority of the Board declined to seal the ballot box, finding that the union had 40% support regardless of which estimate was used.

A dissenting Board member would have ordered the ballot box sealed pursuant to section 8.1(4).

Canadian Union of Public Employees v. Northeastern Ontario Regional Cancer Centre, 2000 CanLII 8595

Stephen Raymond

J. A. Rundle

H. Peacock

Certificate issued to applicant union following successful representation vote; intervenor's bargaining rights terminated.

The applicant union applied for certification to represent employees of the responding party.

Following a representation vote in which more than fifty percent of the ballots were cast in favour of the applicant, and with no statements of desire to make representations filed, the Board ordered that a certificate issue to the applicant.

Pursuant to section 62 of the Labour Relations Act, 1995, the intervenor union ceased to represent the employees in the bargaining unit.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Scepter Corporation, 2000 CanLII 10798

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Certificate issued to applicant union following successful representation vote in displacement application.

The applicant union filed a displacement application for certification for a bargaining unit of part-time employees at Nipigon District Memorial Hospital.

The Board previously determined the application was timely.

Following a representation vote where more than fifty percent of the ballots were cast in favour of the applicant, the Board ordered that a certificate issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Nipigon District Memorial Hospital, 2000 CanLII 10115

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Extension of time to file response granted.

The responding party requested an extension of time to file a response.

The Ontario Labour Relations Board granted the extension until December 8, 2000.

Tony Olivieri v. Ontario Public Services Employees Union, 2000 CanLII 4328

Stephen Raymond

J. A. Rundle

H. Peacock

Union certification application dismissed after failing to secure more than 50% of representation vote.

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, and with no representations filed, the Ontario Labour Relations Board dismissed the application.

A one-year bar on subsequent certification applications by the applicant was imposed.

Industrial, Wood & Allied Workers of Canada (I.W.A. Canada) Local - 2995 v. Kapuskasing and District Association for Community Living, 2000 CanLII 10697

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Union certification granted following a successful representation vote in a displacement application.

The applicant union filed a displacement application for certification for a bargaining unit of part-time employees at the responding party hospital.

Following a Board decision finding the application timely, a representation vote was held in which more than fifty percent of the ballots were cast in favour of the applicant.

The Board ordered that a certificate will issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. North Algoma Health Organization (Lady Dunn General Hospital) (Part Time Unit), 2000 CanLII 6636

Timothy W. Sargeant

J. A. Rundle

D. A. Patterson

Union certification granted following a successful representation vote among part-time hospital employees.

The applicant union filed a displacement application for certification for a bargaining unit of part-time employees at Atikokan General Hospital.

Following a representation vote where more than fifty per cent of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board ordered that a certificate will issue to the applicant.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Atikokan General Hospital (Part Time Unit), 2000 CanLII 6459

Timothy W. Sargeant

J. A. Rundle

D. A. Paterson

OLRB0 cases2000–2000

Extension of time to file a response granted.

The responding party union requested an extension of time to file a response.

The Ontario Labour Relations Board granted the extension until December 7, 2000.

Connie Moulton v. Service Employees’ International Union, 2000 CanLII 1384

Timothy W. Sargeant

J. A. Rundle

H. Peacock

Board orders representation vote in union's application for certification of library employees.

The Canadian Union of Public Employees applied for certification to represent employees of the Brock Township Public Library System.

The Ontario Labour Relations Board found that the applicant is a trade union and that at least 40% of the individuals in the proposed bargaining unit were members.

The Board directed that a representation vote be taken.

Disputes regarding the inclusion of certain positions in the bargaining unit were noted, and individuals in those positions were permitted to cast segregated ballots.

Canadian Union of Public Employees v. Brock Township Public Library, 2000 CanLII 7460

Stephen Raymond

J. A. Rundle

H. Peacock

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union applied for certification.

A representation vote was held, and not more than 50% of the ballots cast were in favour of the applicant.

No statement of desire to make representations was filed.

The Ontario Labour Relations Board dismissed the application and imposed a one-year bar on further applications by the applicant for the same bargaining unit.

National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Sonoco Flexible Packaging Canada Corporation, 2000 CanLII 6174

Timothy W. Sargeant

J. A. Rundle

H. Peacock